42
129. The Commission notes that under Honduran law, the Council answers to the SCJ. Thus,
Article 7 of the Judicial Career Service Act provides that the Council “shall be subordinate to the SCJ”.
Under Article 8 of that law, its purpose is to “assist the SCJ.” The Commission notes that this
dependency relationship would not, in principle, pose a problem if the order established in the
Constitution for disciplinary proceedings had been followed; in other words, if the Judicial Career
Council had served as the body making recommendations to the Court rather than as a review body.
Even so, its function as an appellate body of the very organ to which it answers is incompatible with the
guarantee of independence.
130. The Commission further observes that when the justices on the Supreme Court who
were members of the Council disqualified themselves, the Judicial Career Service Act provided that “the
alternates shall be appointed at the discretion of the Court.” However, when the Chief Justice declared
that he could not appoint them since he had been party to the decision that ordered dismissal, he
“provided guidance” to enable the Chair of the Council of the Judiciary to call upon other persons to
serve as members of the Council.
131. As for the procedures used to appoint and select judges, the Commission reiterates that
their objective must be to select candidates based on merit and qualifications,218 taking into account the
singular and specific nature of the duties to be performed.219 The Inter-American Court has pointed to
the importance of affording “open and equal opportunity […] through an ample public announcement,
which shall be clear and transparent with regard to the requirements demanded to fill the position.”220
The United Nations Rapporteur on the Independence of Judges and Lawyers has observed that States
should issue advance, public announcements of the competitions and the procedures, spelling out the
requirements, criteria and deadlines so that any person who believes he or she meets the requirements
can have an opportunity to compete for the post.221
132. In the present case, contrary to the criteria and standards described here, it was not
until the final decisions that the Council disclosed that the persons whom the Council’s Chair had called
upon to serve on the Council were members of the Judiciary who had won “their positions through
competition and [had] long and impeccable careers within it.” Apart from that, however, it is unclear,
either in the case file or in the applicable norms, what criteria the Council’s President uses in practice to
select and appoint the members of the Council in a specific case and whether the criteria are made
218
IACHR, Second Report on the Situation of Human Rights Defenders, December 31, 2011, paragraph 363. See also,
I/A Court H.R. Case of Reverón Trujillo v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of June 30,
2009. Series C No. 197, Paragraph 72; and United Nations. Human Rights Committee. General Comment No. 32, CCPR/C/GC/32,
August 23, 2007, Paragraph 19. For their part, the United Nations Basic Principles provide that the persons selected for judicial
office shall be individuals of integrity and ability with appropriate training. Basic Principles on the Independence of the
Judiciary, Principle 10.
219
IACHR, Second Report on the Situation of Human Rights Defenders, December 31, 2011, paragraph 363. See also,
I/A Court H.R., Case of Reverón Trujillo v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of June
30, 2009. Series C No. 197, paragraph 72. See also the Guidelines on the Role of Prosecutors, guideline 1.
220
I/A Court H.R. Case of Reverón Trujillo v. Venezuela. Preliminary Objection, Merits, Reparations and Costs.
Judgment of June 30, 2009. Series C No. 197, paragraph 73.
221
United Nations. Human Rights Committee. General Comment No. 32, CCPR/C/GC/32, August 23, 2007,
Paragraph19. See also, United Nations. General Assembly. Human Rights Council. Report of the Special Rapporteur on the
independence of judges and lawyers, Leandro Despouy, A/HRC/11/41, March 24, 2009, Paragraph 30; and Report of the Special
Rapporteur on the independence of judges and lawyers, Gabriela Knaul, Mission to Mexico A/HRC/17/30/Add.3, April 8, 2011,
paragraph 23.